Legislation has now been published confirming the introduction of Bereaved Partner’s Paternity Leave, a new statutory right that will take effect from 6 April 2026. The measure forms part of a broader package of family-related employment law reforms and is intended to address a gap in protection for employees who lose a partner shortly after the birth or adoption of a child.
The new right applies where the child’s mother or primary adopter dies within the first year following birth or placement for adoption. In these circumstances, the surviving partner may be entitled to take an extended period of leave to care for the child.
New day one right to leave
Bereaved Partner’s Paternity Leave will be available from the first day of employment. This departs from the usual qualifying service requirements that apply to many other types of statutory leave, including standard paternity leave. The removal of a service threshold reflects the nature of the circumstances in which the leave arises and the need for immediate support.
For employers, this creates an obligation to recognise and administer the right regardless of an employee’s length of service. Internal policies and HR systems will therefore need to be updated ahead of April 2026 to ensure compliance.
Length and scope of leave
Eligible employees may take up to 52 weeks of leave, depending on when the death occurs. The entitlement is designed to provide flexibility, allowing the surviving partner to take on primary caring responsibilities during a period of significant personal and practical adjustment.
The leave is separate from, and in addition to, other statutory entitlements such as parental bereavement leave. However, it is expected that interaction between different forms of family leave will require careful handling in practice, particularly where multiple entitlements arise at the same time.
No statutory pay entitlement
The legislation introducing Bereaved Partner’s Paternity Leave does not create a corresponding statutory right to pay, which distinguishes it from other forms of family-related leave, such as statutory paternity pay or shared parental pay.
Employers may choose to offer enhanced contractual pay in these circumstances, but there is no legal requirement to do so. As a result, organisations should review their approach from both a compliance and employee relations perspective, including whether existing compassionate leave or family leave policies provide adequate support.
Practical implications for employers
The introduction of this new right creates a number of practical considerations for employers and HR teams. Existing policies will need to be reviewed and updated to reflect the new entitlement and its eligibility criteria, ensuring that internal documentation aligns with the statutory framework coming into force in April 2026. HR teams should also be prepared to manage requests in a consistent and sensitive manner, given the nature of the circumstances in which the leave arises.
From an operational perspective, employers should ensure that their systems are capable of recording and administering potentially extended periods of leave, including how this interacts with other forms of statutory or contractual leave. Consideration may also be given to whether to offer discretionary or enhanced pay during periods of bereaved partner’s paternity leave, particularly as no statutory pay entitlement applies.
There is also a clear risk management dimension. Failure to recognise or properly administer statutory leave rights can expose employers to employment tribunal claims, including claims for detriment or dismissal where an employee seeks to take or has taken this form of leave.
View the Bereaved Partner’s Paternity Leave Regulations 2026 here >
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.
